Maternity leave in the hospitality industry: what are the rules?
Working in the hospitality industry can be physically and mentally demanding, especially during pregnancy. Therefore, it is essential to have clear and protective regulations for maternity leave in this sector. In this article, we discuss the key aspects of maternity leave as laid out in the collective labor agreement (cao) for the hospitality industry.
What is maternity leave?
Maternity leave is the right of a pregnant employee to be off work for a certain period before and after childbirth. This leave is intended to protect the health of both the mother and the child. During maternity leave, the employee receives a benefit from the UWV (Employee Insurance Agency), ensuring no financial disadvantage.
Duration of maternity leave
According to the law and the hospitality cao, the duration of maternity leave is as follows:
Before the birth: Leave begins between six and four weeks before the expected delivery date. This means that an employee stops working at least four and up to six weeks before the birth.
After the birth: After childbirth, the employee is entitled to at least ten weeks of leave.
Total leave: In total, maternity and childbirth leave amount to a minimum of sixteen weeks. If the birth occurs later than the expected date, the period before birth is extended, and the period after birth remains at least ten weeks.
Additionally, there are options for extra leave:In the case of a multiple pregnancy, the employee receives 2 to 4 weeks of extra maternity leave.
In the case of a prolonged hospital stay of the child, the employee is entitled to up to 10 weeks of neonatal leave.
Procedure for requesting maternity leave
Requesting maternity leave involves the following steps:
Notification to the employer: The employee must inform the employer at least three weeks before the desired start date of the leave. This can be done verbally or in writing.
Leave confirmation: The employer confirms the leave period in writing to the employee. This ensures clarity about the start date and the duration of the leave.
Protection during pregnancy
Besides the right to maternity leave, the hospitality cao also offers other forms of protection for pregnant employees:
Adjustment of duties: If the work poses a risk to the health of the pregnant employee or the unborn child, the employer must take appropriate measures. This may mean assigning the employee to other, less demanding tasks.
Rest periods: Pregnant employees are entitled to extra breaks to rest, which is important to prevent overstrain.
Dismissal protection: A pregnant employee is protected against dismissal during pregnancy and maternity leave, and for six weeks after the end of maternity leave.
Benefit during maternity leave
During maternity leave, the employee receives a maternity and childbirth benefit from the UWV. This benefit amounts to 100% of the daily wage, with a maximum that is annually determined.
Childbirth and paternity leave for partners
Your partner is entitled to paternity leave equal to the number of work hours per week, to be taken within the first four weeks after the birth of the child. Additionally, your partner is entitled to five weeks of supplementary paternity leave, paid at 70%. Your employer can apply for a benefit from the UWV for this leave, which must be taken within six months after the child's birth, provided the fully paid paternity leave has already been taken.
Parental leave
As of August 2, 2022, you and your partner are entitled to nine weeks of paid parental leave. During this leave, you will receive 70% of your salary. Your employer can apply for a benefit from the UWV for this leave, which must be taken within a year after the child's birth and can be used flexibly, for example, spreading the hours over several weeks.
Breastfeeding facilities
After the birth, the employee has the right to breastfeed or pump during work hours. This can take up to a quarter of the work time. You are required to provide a suitable room for this purpose. If you do not have this room, the employee may arrange a suitable place themselves.
Adjusted working hours
An employee who has recently given birth is entitled to extra breaks, up to one-eighth of the work time, for six months after childbirth. As an employer, you are responsible for providing a space to rest. Additionally, the employee must have the opportunity, with continued payment of salary, to attend necessary prenatal examinations. They are also temporarily exempt from overtime and night shifts.
Conclusion
Maternity leave is an essential right for employees in the hospitality industry, allowing them to manage their pregnancy and childbirth healthily and responsibly. The hospitality cao provides clear guidelines and protection for pregnant employees so they can combine their work and pregnancy without worry. It is important that both employers and employees are well-informed about these rules to ensure a safe and supportive work environment.